Order No. 2                                                                                Date : 06.08.2019.

            An application has been filed by the petitioner / complainant u/s – 13(3B) of the C.P. Act, 1986 praying for interim relief as stated therein. It is submitted by the petitioner that the petitioner / complainant has booked a self contained residential flat, being flat No. 4 on the first floor of the proposed building (G+5), namely Nayabaz Bhawan and paid Rs. 4,99,999/- as advance to the O.P. no.-1(developer). It has been settled by and between the parties through an agreement for sale dated 30.12.2017 that the total consideration of the flat measuring about 670 sq. ft. including 20% super built up area would be Rs. 2,750/- per sq. ft. and accordingly the total consideration was fixed at Rs. 18,42,500/- and out of which the complainant paid Rs. 4,99,999/- as advance, and it has been settled that the rest amount would be paid at the time of execution & Registration of the deed of conveyance.

            It is further stated that the complainant approached to the SBI, Unsani Branch for availing home loan but the Bank authority declined to grant loan as there are civil cases pending in respect of the concerned land upon which the flat is being constructed.

            The complainant therefore decided not to purchase the flat and requested the O.P. developer to refund the advance money, but the O.P. developer did not pay the same and hence the case.

The complainant further submitted that the O.P. developer may sell, transfer, alienate the schedule flat to any third party and if he does so the complainant will suffer loss and injury and chances of getting back the money would be uncertain, and therefore he files this petition for interim relief.

            The O.P. developer appeared and filed W/O.

            The Ld. Advocate for the O.P. submitted that the petition of the petitioner should be rejected.

            He submitted that the concern property over which the project was made and the concern flat to be purchased by the complainant is not the subject matter of the civil suits. The suits are pending in respect of other portions of the dag No. 6787, 6788 & 6789 which is a vast area, out of which 11.5 decimals are covered under the project.

            Heard both sides.

            Perused the petition of W/O, and other materials on record.

            It is seen that the complainant is not interested to purchase the flat any more. He sought for refund of advance amount of Rs. 4,99,999/- from the O.P. developer.

            The complainant’s interest will not be hampered / jeopardized if the flat is sold to any third party. The complainant’s interest is limited or restricted to refund of advance amount as aforesaid, and which is under adjudication in the case, and if the complainant succeeds in the case then it would be the legal obligation of the O.P. developer to pay back the amount and comply the order.

            We, therefore think that the complainant’s interest would not be jeopardized if the interim order is refused and there is no necessity to grant interim relief at this stage.

            Hence,

            the prayer of the complainant, registered as MA-67/2019 praying for interim relief is rejected.

            To 25.09.2019 for filing questionnaire by O.P. no.-1.

Dictated and corrected by me.

Lady Member